면책확인
1. The instant lawsuit shall be dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. The Plaintiff asserted that, on October 2012, the Suwon District Court rendered a ruling of bankruptcy, and the exemption decision was rendered on January 2013 (U.S. District Court Decision 201Hadan944, 201 Ma994444). The Plaintiff asserted that, at the time of the application for bankruptcy and exemption, C’s claim against the Plaintiff was transferred before transfer to the Plaintiff and omitted the Defendant’s obligation as stated in the purport of the claim that the Defendant acquired, the obligation was also exempted.
2. Determination
A. In a lawsuit for confirmation, there must be a benefit of confirmation as a requirement for the protection of rights, and the benefit of confirmation is recognized only when it is the most effective means to obtain a confirmation judgment against the defendant, in order to eliminate anxietys in the Plaintiff’s rights or legal status and in danger.
Immunity under the Debtor Rehabilitation and Bankruptcy Act was finally decided.
Even if executive titles are not naturally invalidated, and if it is intended to exclude executive titles, a lawsuit of objection shall be filed against the claim.
(see, e.g., Supreme Court Order 2013Ma1438, Sept. 16, 2013). Therefore, in relation to a creditor who holds an executive title with respect to the exempted obligation, an obligor’s filing of a claim objection suit and seeking to exclude the executory power based on the effect of the exemption becomes an effective and appropriate means to eliminate the existing anxiety and danger in the legal status. In such a case, seeking confirmation of exemption is not a final solution of the dispute, and is unlawful as there is no benefit of confirmation
B. As to the claims stated in the purport of the claim, C Co., Ltd. filed an application for payment order with D Co., Ltd. on December 2004; on July 6, 2005, the above Company F Co., Ltd. on July 2006; the above Company G Co., Ltd. on December 2006; and the above Company transferred to H Co., Ltd. on September 2008 in sequence to H Co., Ltd.; and on July 3, 2014, H Co., Ltd filed an application for payment order against the Plaintiff as Seoul Central District Court No. 2014 tea120936, Jul. 3, 2014.